The legal doctrine of "absolute judicial immunity" generally protects judges from being sued for making bad rulings.

The doctrine indirectly protects underdogs because it helps ensure judges resolve disputes without regard to whether or not the more powerful party might have the resources to personally sue them later.

To qualify for absolute quasi-judicial immunity, the decision-maker must be using their independent judgment to resolve a legal dispute. For this reason, court reporters generally do not qualify.

The Ninth Circuit's opinion yesterday reasoned that the absolute quasi-judicial immunity doctrine does not protect an attorney who drafts an order because the act does not involve "substantial discretion."

Commentary

The Burton opinion highlights the important policy objectives of the Bankruptcy Code's automatic stay, as applied to civil litigants.

As the majority's closing policy argument highlights:

"...affording immunity to attorneys for drafting orders might immunize improper actions where attorneys did knowingly and wilfully violate the automatic stay by presenting orders violating the stay to judges who were not apprised of the bankruptcy filing."

However, even in cases where a state court judge is aware of the bankruptcy filing, attorneys have nonetheless been held liable for failing to abide by the automatic stay. See Sternberg v. Johnstonfor a case in point.

un·der·dog

noun

1. a competitor expected to lose in a fight.

2. a person with little status in society.

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